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2013 Supreme(Ker) 833

THOTTATHIL B.RADHAKRISHNAN, B.KEMAL PASHA
Maheen – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : B. Mohanlal
For the Respondent: Noble Mathew, Sr. Government Pleader and P.C. Sasidharan

JUDGMENT :

Thottathil B. Radhakrishnan, J.

1. Petitioner applied for the post of Driver Grade-II (LDV) in response to Ext. P1 P.S.C. notification. The prescribed qualifications required, among other things. that the candidate must possess valid driving licence of three years standing to drive Light Motor Vehicles with driver's badge and proficiency in driving Light Motor Vehicles (to be proved by a practical test conducted by the P.S.C. during the course of selection). Petitioner possessed valid driving licence of three years standing with driver's badge on the date of the notification as well as on the last date fixed for receipt of applications. However, the badge had expired by efflux of time when he appeared for the proficiency test on 2.6.2010. On his application, Motor Vehicle Department renewed the badge with effect from 4.6.2010. P.S.C. refused to accept him as a qualified candidate. He challenged it before the State Administrative Tribunal. That failed. Hence, he challenges Tribunal's decision invoking Art. 227 of the Constitution. Petitioner's learned counsel argued that the badge having been renewed by the Motor Vehicle Department, such renewal ought to be treated as from






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